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Judgment of the General Court (Seventh Chamber) of 6 October 2011. # Industrias Francisco Ivars, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community design - Invalidity proceedings - Registered Community design representing a mechanical speed reducer - Earlier Community design - Ground of invalidity - No individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002. # Case T-246/10.
ECLI:EU:T:2011:578
62010TJ0246
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(Case T-246/10)
Community designs – Invalidity proceedings – Registered Community design representing a mechanical speed reducer – Earlier Community design – Ground of invalidity – No individual character – No different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Community designs – Ground for invalidity – No individual character – Design not producing on the informed user a different overall impression from that produced by the previous design – Representation of a mechanical speed reducer (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 21-22, 24-26, 28)
Re:
ACTION brought against the decision of the Third Board of Appeal of OHIM of 16 March 2010 (Case R 1337/2008-3) relating to invalidity proceedings between Motive Srl and Industrias Francisco Ivars, SL.
Operative part
The Court:
1.Dismisses the action;
2.Orders Industrias Francisco Ivars, SL to pay the costs.